Florida Senate - 2014                                     SB 980
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00191A-14                                           2014980__
    1                        A bill to be entitled                      
    2         An act relating to prosecution of juveniles; amending
    3         s. 985.557, F.S.; revising the age-based criteria and
    4         the offenses for which the discretionary direct file
    5         of an information against a child may be made in adult
    6         court; prohibiting the filing of an information on a
    7         child otherwise eligible if it is the child’s first
    8         offense unless there are compelling reasons; requiring
    9         such reasons to be stated in writing; providing
   10         criteria for a state attorney to determine whether to
   11         file an information; requiring a state attorney to
   12         file a written explanation when an information is
   13         filed; providing criteria for consideration of a
   14         child’s request to an adult court to return a criminal
   15         case to the juvenile justice system; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19                                                                  
   20         Section 1. Subsection (1) of section 985.557, Florida
   21  Statutes, is amended, subsection (4) is renumbered as subsection
   22  (6) and amended, and new subsections (4) and (5) are added to
   23  that section, to read:
   24         985.557 Direct filing of an information; discretionary and
   25  mandatory criteria.—
   26         (1) DISCRETIONARY DIRECT FILE.—
   27         (a) With respect to any child who was 14 or 15 years of age
   28  or older at the time the alleged offense was committed, the
   29  state attorney may file an information when in the state
   30  attorney’s judgment and discretion the public interest requires
   31  that adult sanctions be considered or imposed and when the
   32  offense charged is for the commission of, attempt to commit, or
   33  conspiracy to commit:
   34         1. Arson;
   35         2. Sexual battery;
   36         3. Robbery;
   37         4. Kidnapping;
   38         5. Aggravated child abuse;
   39         6. Aggravated assault;
   40         7. Aggravated stalking;
   41         8. Murder;
   42         9. Manslaughter;
   43         10. Unlawful throwing, placing, or discharging of a
   44  destructive device or bomb;
   45         11. Armed burglary in violation of s. 810.02(2)(b) or
   46  specified burglary of a dwelling or structure in violation of s.
   47  810.02(2)(c), or burglary with an assault or battery in
   48  violation of s. 810.02(2)(a);
   49         12. Aggravated battery;
   50         13. Any lewd or lascivious offense committed upon or in the
   51  presence of a person less than 16 years of age;
   52         14. Carrying, displaying, using, threatening, or attempting
   53  to use a weapon or firearm during the commission of a felony;
   54         15. Grand theft in violation of s. 812.014(2)(a);
   55         15.16. Possessing or discharging any weapon or firearm on
   56  school property in violation of s. 790.115;
   57         16.17. Home invasion robbery;
   58         17.18. Carjacking; or
   59         18.19. Grand theft of a motor vehicle in violation of s.
   60  812.014(2)(c)6. or grand theft of a motor vehicle valued at
   61  $20,000 or more in violation of s. 812.014(2)(b) if the child
   62  has a previous adjudication for grand theft of a motor vehicle
   63  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
   64         (b) The state may not file an information on a child
   65  otherwise eligible under this subsection if it is the child’s
   66  first offense unless there are compelling reasons, which the
   67  state shall set out in writing With respect to any child who was
   68  16 or 17 years of age at the time the alleged offense was
   69  committed, the state attorney may file an information when in
   70  the state attorney’s judgment and discretion the public interest
   71  requires that adult sanctions be considered or imposed. However,
   72  the state attorney may not file an information on a child
   73  charged with a misdemeanor, unless the child has had at least
   74  two previous adjudications or adjudications withheld for
   75  delinquent acts, one of which involved an offense classified as
   76  a felony under state law.
   77         (4) DIRECT-FILE CRITERIA.—
   78         (a) When a child is eligible to have an information filed
   79  by the state attorney under subsection (1), the state attorney
   80  shall use the following criteria to determine whether to file an
   81  information:
   82         1. The seriousness of the alleged offense and whether
   83  transferring the child is necessary for protection of the
   84  community, including:
   85         a. The recommendation of the department, through review and
   86  consideration of the recommendations of the department’s
   87  caseworker.
   88         b. The probable cause as found in the report, affidavit, or
   89  complaint, including:
   90         (I) Whether the alleged offense was committed in an
   91  aggressive, violent, premeditated, or willful manner.
   92         (II) Whether the alleged offense was against persons or
   93  against property, with greater weight being given to offenses
   94  against persons, especially if personal injury resulted.
   95         c. The sophistication and maturity of the child.
   96         2. The record and previous history of the child, including:
   97         a. Previous contacts with the department, the Department of
   98  Corrections, other law enforcement agencies, and the courts.
   99         b. Prior periods of probation.
  100         c. Prior adjudications that the child committed a
  101  delinquent act or violation of law, with greater weight being
  102  given if the child has previously been found by a court to have
  103  committed a delinquent act or violation of law involving
  104  violence to persons.
  105         d. Prior commitments to institutions of the department, the
  106  Department of Corrections, or agencies under contract with
  107  either department.
  108         e. Patterns of criminality or patterns of escalation.
  109         3. The prospects for adequate protection of the public and
  110  the likelihood of reasonable rehabilitation of the child, if the
  111  child is found to have committed the alleged offense, by the use
  112  of procedures, services, and facilities currently available to
  113  the juvenile court.
  114         4. Cost-effective alternatives available to divert the
  115  child from the criminal and juvenile justice systems and offer
  116  rehabilitative services for the child.
  117         (b) If the state attorney files an information against a
  118  child under this section, the state attorney shall file with the
  119  court his or her written explanation, addressing the factors
  120  listed in paragraph (a), as to why the child should be
  121  transferred for criminal prosecution.
  122         (5) REVERSE WAIVER.—Any child over whom the adult court has
  123  obtained original jurisdiction may request, in writing, a
  124  hearing to determine whether the child shall remain in adult
  125  court. The adult court shall retain jurisdiction unless the
  126  child proves by a preponderance of evidence all of the
  127  following:
  128         (a) The child could obtain services available in the
  129  juvenile justice system which could lessen the possibility of
  130  the child reoffending in the future.
  131         (b) The child’s best interests would be served by
  132  prosecuting the case in juvenile court.
  133         (c) The child could receive juvenile sanctions that would
  134  provide adequate safety and protection for the community.
  135         (d) The child is not charged with a felony that is
  136  punishable by death or life imprisonment.
  137         (e) The child has not previously been convicted and
  138  sentenced as an adult.
  139         (6)(4)CHARGES INCLUDED.—An information filed pursuant to
  140  this section may include all charges that are based on the same
  141  act, criminal episode, or transaction as the primary offenses.
  142         Section 2. This act shall take effect July 1, 2014.